EVIDENCE LAW — Standard of Proof in Civil Proceedings — Balance of Probability — Proof of Gross Misconduct Under Collective Agreement
Ratio Decidendi
Per Onnoghen, JSC, in Imonikhe v. Unity Bank Plc (2011) NLC-123-68-2003(SC) at p. 13; Paras A—B:
"I had also held that as regards the general sense in which the words 'fraud' and 'dishonesty' are used in Exhibit P.18 and other related documents in this case, the mere issue of queries and replies thereto without more discharged the obligation on the respondent particularly as the respondent can thereby be satisfied or not satisfied with the explanations offered by the appellant. In other words, the standard of proof applicable to the facts of this case is that of balance of probability."
Explanation / Scope
This principle establishes that the standard of proof in civil proceedings, including proof of gross misconduct under a collective agreement, is the balance of probabilities, and queries and replies may discharge the employer’s obligation. The principle applies in employment disputes. It ensures that the civil standard is applied. The principle reflects the nature of civil proceedings. It allows employers to rely on queries and replies. The court must apply the balance of probabilities. The principle provides guidance on standard of proof in employment.